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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America (2003)
Committee on National Statistics (CNSTAT)

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. "Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law." Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. Washington, DC: The National Academies Press, 2003.

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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America

Abuse” under § 55.01 means any of the following: (a) An act, omission, or course of conduct by another that is inflicted intentionally or recklessly and that does at least one of the following: 1. Results in bodily harm or great bodily harm to a vulnerable adult. 2. Intimidates, humiliates, threatens, frightens, or otherwise harasses a vulnerable adult. (b) The forcible administration of medication to a vulnerable adult, with the knowledge that no lawful authority exists for the forcible administration. (c) An act that constitutes first degree, second degree, third degree, or fourth degree sexual assault as specified under § 940.225.

Maltreatment” under § 940.285 includes any of the following conduct: 1. Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm. 2. Restraint, isolation, or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adults psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression, or outward aggressive behavior or a combination of these behaviors. This subdivision does not apply to restraint, isolation, or confinement by order of a court or other lawful authority. 3. Deprivation of a basic need for food, shelter, clothing or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.

Neglect” under § 55.01means an act, omission, or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of a vulnerable adult.

INSTITUTIONAL NEGLECT: “Neglect” under § 940.295 means an act, omission, or course of conduct by another that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of a patient or resident.

Material abuse” under § 46.90 means the misuse of an elder persons property or financial resources.

Misappropriation of property” under § 55.01 means any of the following: (a) The intentional taking, carrying away, use, transfer, concealment, or retention of possession of the property of a vulnerable adult without the vulnerable adult’s informed consent and with intent to deprive the vulner-

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